Memorandum dated February 19, 2010 from the Approving Officer
In 2004, a subdivision application was received from the owners of Cape Roger Curtis. The application was held in abeyance while the comprehensive planning process for the proposed Neighbourhood Plan unfolded. In May 2009 the owners of Cape Roger Curtis withdrew their rezoning application and indicated that they would be reviving the subdivision process. On June 4, 2009 the Municipality received a revised subdivision plan. Details of which are explained below
Subdivision:
An owner may subdivide their property if they are able to create lots that meet the requirements of the existing zoning. A subdivision application is reviewed against criteria outlined in the OCP, Land Use Bylaw Subdivision Regulation (part 6) and the Land Title Act. Council does not decide on whether or not a subdivision plan is approved or not. This is the decision of the Approving Officer. The Approving Officer is a position that is filled by the Chief Administrative Officer of the Bowen Island Municipality.
Subdivision Process and the Preliminary Layout Review Letter:
When an application for subdivision is received it is sent to the Deputy Approving Officer. The Deputy Approving Officer sends out referral notices asking for review and comments on the application. These referrals are sent to various Municipal departments and any other government agencies whose comment would be deemed necessary.
A preliminary layout review letter (PLR) is a letter that is issued to a subdivision applicant as part of the subdivision process. Once the referrals and comments are received by the Deputy Approving Officer, the Officer writes the PLR. The PLR is in essence a summary of all the comments received from the referral agencies. The PLR is meant to let the applicant know what they need to do in order to get approval for the subdivision.
A PLR is no guarantee that the subdivision will be approved, it is simply meant as a tool to let the applicant know the results of the review by various government agencies.
Revised Subdivision Plan June 2009
As mentioned above, the Municipality has received a revised subdivision plan from the owners of Cape Roger Curtis. The Approving Officer has issued a report outlining how he intends to respond to this new application
Opportunity for Public Comment
As mentioned in the report above, the Approving Officer will be seeking public comment up until July 10th and will be hosting a public meeting in August. Please send your comments via email (bkirk@bimbc.ca), or in written form to the Municipal Hall, 981 Artisan Lane, Bowen Island, V0N 1G0 to the attention of the Approving Officer.
Time Limit for Approval and Consideration of Public Interest:
When the applicants submitted their revised plan on June 4, 2009 they provided signed copies of the subdivision plan. This triggered section 85 of the Land Title Act (see below) and has placed a time limit on the approving officer of two months to respond. This is why the process is unfolding over such a short period of time.
85 (1) A subdivision plan must be approved or rejected
by the approving officer within 2 months after the
date it is tendered for examination and approval or
within another period that may be set by the
Lieutenant Governor in Council.
(2) If, under subsection (1), the approving officer
rejects the subdivision plan, the approving officer
must forthwith notify in writing the applicant, or the
solicitor or agent of the applicant, of the rejection,
stating briefly the reason and the approving officer's
requirements, if any.
(3) In considering an application for subdivision
approval in respect of the land, the approving officer
may refuse to approve the subdivision plan if the
approving officer considers that the deposit of the
plan is against the public interest.
The revised application received on June 4 contained the following key elements:
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Golder Associates - Geological Hazards Assessment Cape Roger Curtis Property, Bowen Island, B.C. (June 2009):
Due to the size of this report it had to be divided into 4 sections (sorry for any inconvenience).
a) SECTION 1.
b) SECTION 2.
c) SECTION 3.
d) SECTION 4.
Reports - Pottinger Gaherty Environmental Consultants Ltd.
Note regarding Development Permits:
Development Permits are somewhat unique in terms of the land use powers of Council. In dealing with items such as Development Variance Permits and Rezonings Council has a lot of discretion for decision-making. This is not the case with Development Permits. When Developement Permit Areas (DPA) are created it is also required that guidelines be established and these guidelines need to be related to the rationale for the creation of the DPA. These guidelines form the basis on which a decision to issue a Development Permit is based. The application is either consistent with the guidelines are not. If it is documented that the proposal is consistent with the guidelines and the relevant zoning regulations, then a permit must be issued. There is virtually no room for discretion and what limited discretion exists must be based solely on the guidelines and not on public views or Council or staff's views on the acceptability of the land use.
Please note that hard copies of all the above reports and maps are available for review at the Municipal Hall. Any comments and/or questions regarding this subdivision should be directed to the Approving Officer, Hendrik Slegtenhorst. | |
Cape Roger Curtis Subdivision
Update:
December 10, 2009: Media Release from the Office of the Approving Officer
Please Click Here for more information
December 14, 2009 - Cape Roger Curtis Documentation:
1. Cape Roger Curtis Development Plan Click Here.
2. Section 219 Covenants: 1) Click Here
2) Click Here
3) Click Here
4) Click Here
5) Click Here
3. Statutory Rights-of-Way 1) Click Here
2) Click Here
3) Click Here
4. Driveway Easements 1) Click Here
2) Click Here
3) Click Here
4) Click Here
5) Click Here
6) Click Here
7) Click Here
8) Click Here
9) Click Here
10) Click Here
11) Click Here
12) Click Here
13) Click Here
14) Click Here
15) Click Here
16) Click Here
17) Click Here
5. Subdivision Servicings and Maintenance Agreements Click Here
Since July 13, 2009, Approving Officer Hendrik Slegtenhorst has been dealing with the re-activated subdivision application, under date of June 4, 2009, for the Cape Roger Curtis land from The Cape on Bowen Community Development Ltd.
August 28, 2009 - Chief Administrative Officer Hendrik Slegtenhorst, in his capacity as Approving Officer, has written the applicants a comprehensive letter of concerns. Click here for more information.
Activity in August is detailed in the CAO's monthly report, dated August 28, 2009.
Activity in September is detailed in the CAO's monthly report, dated October 14, 2009
Activity in October is detailed in the CAO's monthly report, dated November 9, 2009
Although the approval of the subdivision is the sole responsibility of the Municipality’s Approving Officer, given the profile that the development of the Cape Roger Curtis land has had in the community, the Approving Officer determined that it is important for Council and the community to be informed of the process that will be followed by the Approving Officer in reviewing the subdivision application.
Pursuant to Section 85 of the Land Title Act, once a subdivision plan has been submitted to an Approving Officer, the Approving Officer has 60 days to either approve the subdivision or reject the subdivision and provide reasons. Only the applicants have the option to grant any extension beyond those 60 days. That being said, it was determined during the review process that more time would be needed to conduct this process, and the applicants having granted several extensions, including the current one that may extend as late as the end of October.
Community Consultation:
The subdivision application was posted to the Municipality's website on June 10, 2009. The former Approving Officer received comments from members of the community until July 10, 2009. The current Approving Officer received additional comments from members of the community until September 3, 2009, on which date the Approving Officer also chaired a public meeting on the matter. The comments will be taken into consideration by the Approving Officer, but it is important to recognize that the Approving Officer is not bound by any comments so submitted.
The final decision will be made available to the public through this municipal website.
Cape Roger Curtis Development Permit Application
A development permit application relating to the revised subdivision plan (see above) was received June 4, 2009.
To view the application submitted, click here.
